FEDERAL ELECTION COMMISSION 

WASHINGTON, D.C. 20463 

BEFORE THE FEDERAL ELECTION COMMISSION 

In the Matter of 

Chris Nwasike for Congress and Marcus Brooks, in his 

official capacity as Treasurer 

Biblical Concepts Ministries, Inc. 

Chukwuemeka Christian Nwasike 

Marianne "Jorgine" Fields 

Joseph "Jay" Fields 

MUR 6345 

STATEMENT OF REASONS 

Chair Cynthia L. Bauerly, Vice-Chair Caroline C. Hunter and 

Commissioners Donald F. McGahn, Matthew S. Petersen and Steven Walther 

L INTRODUCTION 

On February 16,2011, the Commission considered a motion to find reason to believe that 

Florida 3'^ Congressional district candidate, Chukwuemeka Christian Nwasike ("Mr. Nwasike"), 

violated 2 U.S.C. §§ 441b(a) and 441f of the Federal Election Campaign Act of 1971, as 

amended ("Act") and 11 C.F.R. § 110.4(b)(l)(iii) of the Conunission's regulations; and as to 

whether Chris Nwasike for Congress and Marcus Brooks, in his official capacity as treasurer 

("Nwasike Committee"), violated 2 U.S.C. §§ 441b and 441f. The motion failed by a vote of 3-

3. * The Commission then voted 5-1 to exercise its prosecutorial discretion and dismiss the 

allegation that Mr. Nwasike violated 2 U.S.C. §§ 441b(a), 441f, and 11 C.F.R. § 110.4(b)(l)(iii), 

and that the Nwasike Committee violated 2 U.S.C. §§ 441b and 441f.^ In addition, the 

Commission unanimously voted to exercise its prosecutorial discretion and dismiss the potential 

violations under 2 U.S.C. §§ 441b(a), 441f, and 11 C.F.R. § 110.4(b)(l)(iii) with respect to 

Respondents Biblical Concepts Ministries, Inc. ("BCM"), Joseph "Jay" Fields, and Marianne 

"Jorgine" Fields. This Statement of Reasons sets forth the basis for these decisions. 

' Chair Bauerly and Commissioners Walther and Weintraub voted in favor of the motion to find reason to believe. 

Vice-Chair Hunter and Commissioners McGahn and Petersen voted against the motion. 

^ Chair Bauerly, Vice-Chair Hunter, Commissioner McGahn, Commissioner Petersen, and Commissioner Walther 

voted in favor of the motion. Commissioner Weintraub voted against the motion. 
MUR 6345 (Nwasike) 

Statement of Reasons 

Page 2 of4 

In addition, as set forth in the separate Factual and Legal Analyses for Respondents Mr. 

Nwasike, Nwasike Conmiittee, BCM, Mr. Fields, and Mrs. Fields, the Commission also found 

no reason to believe that Respondents violated 2 U.S.C. § 441i(d)(l). 

IL FACTUAL AND LEGAL ANALYSIS 

A. BACKGROUND 

Chukwuemeka Christian Nwasike was a candidate seeking to be elected to represent 

Ml Florida's 3'^ Congressional District during the 2010 election cycle. His principal campaign 

committee was Chris Nwasike for Congress and Marcus Brooks, in his official capacity as 

treasurer ("Nwasike Committee"). BCM is a non-profit corporation registered with the State of 

q) Florida. Mr. Nwasike, BCM President Robert Johnson, and the complainant, Jerod Powers, 

^ appear to have been the principal organizers of a March 26,2010, Keep God In America 

^ ("KGIA") rally held in Jacksonville, Florida. Jay and Jorgine Fields were self-employed 

Q individuals who were co-founders of the KGIA event. At the time of the filing of the Nwasike 

mi Committee's Statement of Organization on May 17,2010, its treasurer was Jay Fields, who also 

^ served as treasurer for the KGIA rally. 

On April 28,2010, Mr. Nwasike instructed Jay Fields, acting treasurer for the KGIA 

rally, to write a $2,000 check payable to his wife, Jorgine Fields, on a BCM corporate bank 

account. The BCM check signed by Mr. Fields includes the notation that the payment was for 

"service rendered." The Nwasike Committee reported receiving a $2,000 contribution from Mr. 

Fields on April 28,2010, the same day that Mr. Fields wrote the BCM check payable to his vfife. 

On June 30,2010, however, prior to the filing of the complaint, the Nwasike Committee 

refunded the contribution to Mr. Fields. 

The complaint alleges that Mr. Nwasike and the Nwasike Committee violated 2 U.S.C. § 

441i(d)(l), which prohibits political party committees firom soliciting funds or directing 

donations to certain Section 501(c) non-profit organizations. However, the alleged facts can also 

be read to assert that the $2,000 contribution was a corporate contribution made in the name of 

another, in violation of 2 U.S.C. §§ 441b(a) and 441f. 

BCM denies that Mr. Nwasike and Mr. Fields had the authority to pay $2,000 to Mrs. 

Fields. BCM President Johnson states that Mr. Nwasike influenced Mr. Fields, the treasurer for 

the KGIA rally, to help him funnel funds from the non-profit ministry to his political campaign 

without Johnson's knowledge. 

The Nwasike Committee claims that Mr. Nwasike was a BCM officer at the time, and it 

asserts that the payment was duly authorized by BCM officers. The Nwasike Committee argues 

that there is no evidence to support the allegation that it and the other respondents agreed or 

conspired to undertake "any activity in violation of Federal electioh law." The Committee 

fiirther contends that the $2,000 contribution check to the Committee was drawn on the personal 

account of Mr. Fields, a natural person and United States citizen, and was not excessive, and thus 

was a legal contribution. 
'ST 

MUR 6345 (Nwasike) 

Statement of Reasons 

Page 3 of4 

The Fields' responses mdicate that Mrs. Fields accepted the BCM check in order to make 

a contribution to the Nwasike Committee. Mrs. Fields states that after the March 26* rally, she 

and her husband had consistently refiised offers of payment for their expenses and services, but 

she eventually took the money authorized by Mr. Nwasike in order to contribute the funds to 

Nwasike's campaign. According to Mr. Fields, Mr. Nwasike wanted the Fields io have this 

money since they had endured some financial hardships, so he instructed Mr. Fields to write a 

check to his wife to "compensate us for our losses." In addition, Mrs. Fields states that Mr. 

Nwasike retumed the money to her, and she retumed the money. 

The General Counsel's Report recommended that the Commission find reason to believe 

CO that Mr. Nwasike violated 2 U.S.C. §§ 441b(a), 441f, and 11 C.F.R. § 110.4(b)(l)(iii) by 

assisting in the making of a corporate contribution in the name of another; and that the Nwasike 

Conmiittee violated 2 U.S.C. §§ 441b(a) and 44If by knowingly accepting a corporate 

qi contribution made in the name of another. The Report also recommended that the Commission 

take no action at this time with respect to Biblical Concept Ministries, Inc., Joseph "Jay" Fields, 

^ and Marianne "Jorgine" Fields. After the Commission split 3-3 on whether to find reason to 

0 believe, we voted to exercise our prosecutorial discretion and dismiss the allegations involving 2 

mi U.S.C. §§ 441b(a), 441f, and 11 C.F.R. § 110.4(b)(l)(iii) as to Mr. Nwasike; dismiss the 

allegations involving 2 U.S.C. §§ 441b and 441f as to the Nwasike Conunittee; and dismiss the 

potential violations under 2 U.S.C. §§ 441b(a), 441f, and 11 C.F.R. § 110.4(b)(l)(iii) as to 

. Biblical Concepts Ministries, Inc., Joseph "Jay" Fields, and Marianne "Jorgine" Fields. 

B. LEGAL ANALYSIS 

Under the Act, corporations are prohibited firom making contributions fi:om their general treasury 

funds in connection with any election of any candidate for Federal office. 2 U.S.C. § 441b(a). A 

candidate, political committee, or other person is prohibited firom knowingly accepting or 

receiving any corporate contribution. Id. It is also unlawful for any officer or director of any 

corporation to consent to any contribution by the corporation. Id. Further, the Act prohibits a 

person firom making a contribution in the name of another person, knowingly permitting his 

name to be used to effect such a contribution, or knowingly accepting a contribution made by 

one person in the name of another. 2 U.S.C. § 441f. The Commission's regulations also prohibit 

knowingly helping or assisting any person in making a contribution in the name of another. 11 

C.F.R. § 110.4(b)(l)(iii). Those regulations explain that attributing a contribution to one person, 

when another person is the actual source of the fimds used for the contribution, is an example of 

making a contribution in the name of another. See 11 C.F.R. § 110.4(b)(2)(ii). 

The legal issues in this matter concem the disputed nature of the $2,000 payment that 

Mr. Nwasike instmcted Mr. Fields to make to Mrs. Fields. If the payment was legitimate 

compensation, the fimds would be Mrs. Fields' personal funds that she could have used to make 

a contribution to the Nwasike Committee. On the other hand, the General Counsel's Report 

noted that the alleged facts also raise potential concems that (1) Mr. Nwasike and his Committee 

knowingly accepted a corporate contribution in the name of another; (2) Mr. Nwasike, as a BCM 

officer, consented to and assisted in the making of a corporate contribution in the name of 

another; (3) BCM made a corporate contribution in the name of another; and (4) Mr. Fields 
MUR 6345 (Nwasike) 

Statement of Reasons 

Page 4 of 4 

m 

mi 

Of 

allowed his name to be used to make a contribution in the name of another, and Mrs. Fields 

assisted him in doing so. 

Given the relatively small amount of money involved, $2,000, and the subsequent refimd 

of the contribution by the Nwasike Committee prior to the filing of the complaint, the 

Commission voted 5-1 to exercise its prosecutorial discretion and dismiss the allegation that Mr. 

Nwasike violated 2 U.S.C. §§ 441b(a), 441f, and 11 C.F.R. § 110.4(b)(l)(iii); and that Chris 

Nwasike for Congress and Marcus Brooks, in his official capacity as treasurer, violated 2 U.S.C. 

§§ 441b and 44If. For the same reasons, we also voted to exercise prosecutorial discretion and 

dismiss the potential violations under 2 U.S.C. §§ 441b(a), 441f, and 11 C.F.R. § 110.4(b)(l)(iii) 

with respect to Biblical Concepts Ministries, Inc., Joseph "Jay" Fields, and Marianne "Jorgine" 

Fields. 

Date 

J. 

Date 

Cyn#ia L. B^rly 

Chair 

Caroline C. Hunter 

Vice-Chair 

Datife e D^idTJMcG^inir 

Commissioner 

Ktte / 

u 

Date 

Commissioner 

Steven Walther 

Commissioner